How long does it take to get guardianship?

Follow
Share

For a parent that isn't willing. I'm having trouble handling my mother with dementia. I talked to an attorney today that said I need to consider guardianship since I don't have medical POA. She's already trying to leave. I'm going to have trouble stopping her if I don't do something. There is no one else to take care of her and she thinks she can just go off on her own.

This question has been closed for answers. Ask a New Question.
Find Care & Housing
5

Answers

Show:
My brother and I paid an attorney $5,000, for legal petition for our dementia brother 6 months ago. To date we still waiting on legal document to prove our guardianship rights. The attorney does not call us until we call him, we kept asking him to get us temporary guardianship until all is finalized, he kept putting us on a waiting list. we fill out the request for the bond two months ago and still waiting. We are not hearing from the attorney. How long should this process takes. The judge ok our request for guardianship the same day, we did not had to return to any more hearing. But my God why so long
Helpful Answer (0)
Report

When you talked to that attorney, why didn't he/she offer to do a guardianship for you? You can go to your probate court where you live, fill out the paperwork and ask them what the court calendar looks like for a guardianship. Depending on what response you get, ask them if you can go into talk to the judge on an emergency basis. Also, you can have your mother held on a 72 hr. psych hold saying she is a danger to herself (since she doesn't realize she could not make it on her own outside your house), and in that hold, the psychiatrists will evaluate her and give you the documents so that if she were to leave, you could have her brought back to your house by the police. I know it is a lot to absorb, and it is your mother who took care of you as a child, but now is the time when you need to be the adult and take care of her. You can do it. I did. I even fought with four siblings to get my mother the care she needed. You can do this. Be strong, be assured you are doing the right thing, and when it is all over, you can hold you head up high knowing you really did help your mom.
Helpful Answer (2)
Report

It took me about 4 months. I got temporary guardianship in two months and then a hearing was set up for full guardianship 2 months later. It wasn't contested by anyone, but that would have delayed it. It cost me $1500 in all for health and financial guardianship. Some of his funds were put in an account with restrictions, so that I would have to ask the judge if they were needed. I did pay off his mortgage with those funds and there is still over $60,000 in the account just sitting there accumulating interest.
Helpful Answer (1)
Report

I am durable and medical POA for my aunt who had to be put in the memory care unit of an assisted living facility. She was slowly settling in but still not happy about being there. Then a former step-daughter crawled out of the woodwork and started stirring the pot. I had to do an emergency temporary guardianship and the permanent hearing is next week. My aunt was assigned a guardian ad litem and since she is fighting the process she also got adversary counsel. The whole process is taking about 4 months and it's emotionally draining so be prepared. We also got two psych evals which confirm the need for guardianship. The cost involved is not inexpensive so be prepared for that as well.
Helpful Answer (1)
Report

In my case, the whole process took 6 months, start to finish. There were a few delays due to mother's attorney asking for delays. Mother refused to give a POA and fought the guardianship. The two doctor reports confirmed our concerns for the need of guardianship, so the judge had no choice but to approve.
I would say, get moving as soon as possible as the process may stretch out longer than you like. Good luck and best wishes for your future.
Helpful Answer (1)
Report

This question has been closed for answers. Ask a New Question.
Related
Questions